38. For stateless children born on the territory of a state, the relevant international treaties give clear standards on how to ensure that the child acquires a nationality. Either the country of birth provides for automatic acquisition of nationality at birth or later by acquisition which may be conditioned on habitual residence. However, it was observed, that many states still did not have full safeguards in legislation to ensure that stateless children born on their territory acquired nationality. 39. Children born in a foreign country who migrated to another country can face problems confirming their nationality, especially if their birth was not registered. Examples included children whose birth took place in transit, at sea or in camp settings. Their birth registration and certification may have been complicated or impossible in the place of birth (for example, due to the inability of parent/s to meet documentation requirements, or for other logistical reasons including digitalisation of civil registry systems, or lack of civil registration facilities in conflict or camp/transit settings). The conditions to get a birth certificate in the state of residence differ very much across countries. Very few states have clear mechanisms/procedures in place to determine a child’s nationality at or after birth (especially where the nationality is unclear, or they or their parents lack specific documents). However, some states have good practices in this respect which could constitute a basis for guidance on how states should ensure immediate birth registration, issuance of birth certificates, and determination of a child’s nationality. It was suggested that this is an area where international organisations such as UNHCR, Council of Europe, and INGOs could work together with experts to develop practical guidance to support states in this area. This could include exchange of information and good practice on foreign nationality laws, specific communities affected, and “decision-trees” showing how for the nationality status of children from different backgrounds/regions is decided. 40. In the case of refugee children, additional hurdles could arise if acquisition of nationality of either the country of birth or the country of a parent’s nationality depended on contact with the consular authorities of a country of origin. Safeguards often lack to ensure that refugees are not expected to contact the authorities of their country of origin from which they fear persecution for their children in order to acquire or confirm their nationality. 41. Children of alleged “foreign fighters”, born in conflict zones or in areas under the control of designated terrorist groups to foreign mothers or fathers are also at risk of statelessness, when excluded from birth registration and documentation or if their birth certificates are not recognised by other Governments as a result of their birth in a conflict zone. Safeguards to facilitate processes for the confirmation of their nationality and issuance of documentation are commonly lacking. 42. The situation of abandoned children (foundlings), adopted children and children of same-sex parents and/or children born as a result of surrogacy arrangements, for whom data on their parentage are lacking or data obtention can be complicated, was also mentioned. The principles enshrined in Recommendation 2009/13 of the Committee of Ministers on the nationality of children were recalled in this context, and suggestions were made that , further guidance could be developed by taking as a starting basis this Recommendation. 15

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